Social Security Overpayment - Help!

Biscuitsmom31

<font color=peach>Burn a candle to deal with the s
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My DH has muscular dystrophy and was getting Social Security Disability for a while. Now he has a job and is no longer getting any benefits.

Well, we got a letter the other day saying SS had miscalculated his payments and overpaid him by $6,000. Now they want their money back. :scared1:

We don't have $6,000 and when DH called to ask about payment arrangements he was told they won't take less than $180 a month because the debt must be fully repaid within 3 years.

We don't have an extra $180 a month to pay them. With 4 kids and one in desperate need of braces, we are just getting by right now.

Does anyone have any advice on how to deal with SS or on this situation in general?

TIA
 
Consult an attorney. The government will get their money one way or another, so legal advice would be your best starting point. Since your husband has a disability their may be an organization near you that can offer free legal advice.
Good Luck to you. This must be very stressful for you. :hug:
 
No advise I'm afraid but I just have to share :

I have a dd that was born with spina bifida and whenever she was born I was 18 and my dh 20 :rolleyes1 .

She received SSI and I was told that if I started work of any kind that she would not quality for this money, well we were young and I stayed home a few yrs. and we were struggling everyday for just basic needs so we decided we have had enough and I went back to work ,my dh worked first shift and I worked second so there was always someone home with our baby.

Upon getting the job I went in and let SSI know that I received a job and they said it wasn't enough money to matter. Well life goes on and God blessed our jobs and to make a long story short we ended up having to pay back every bit of money she had ever received. A statment was mailed to us the day we closed on our first home, we could not beleive it, we cursed the day we ever received the money.

They will set you what you have to pay back and they will get theirs regardless if you think you can pay it or not.
You will never know the strain this placed on us ,until your ever hit with the same thing, we recived SSI for 6 yrs and have paid it back for over 20 plus years, our last payment to them was a few months back, my dd is now 26.

They should be ashamed of themselves for doing this to people, if you do not pay the money back they will garnish your dh social s. when he retires.
 
First, appeal the overpayment. You need to appeal to the Administrative Law Judge level, asking that recovery of the overpaid amount be waived.

Here is a brief legal lesson:

Waiver of an overpayment depends on whether (1) the overpaid person was "without fault" in connection with the overpayment, and, if so, (2) whether adjustment or recovery of such overpayment would either defeat the purpose of Title II of the Social Security Act or be against equity and good conscience.

A person cannot be found to be "without fault" if the overpayment of disability benefits resulted from one of the following: (a) the overpaid person made an incorrect statement which he or she knew or should have know was incorrect; or, (b) the overpaid person failed to furnish information which he or she knew or should have known to be material; or (c) the overpaid person accepted a payment which he or she knew or could have been expected to know was incorrect.

However, even though a person may be "without fault" in causing or accepting an overpayment, 20 C.F.R. § 404.506 (code of federal regulations; just type in the citation in google and you will find it) states that repayment must be made anyway unless recovery would defeat the purpose of Title II of the Act, or be against equity and good conscience.

“Against equity and good conscience” means:

(1) that the overpaid person changed his or her position for the worse or relinquished a valuable right because of reliance upon a notice that a payment would be made or because of the overpayment itself; or

(2) the person was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment (both are probably not applicable here).

Instead, most people who get to this step prevail on the 'defeal the purpose of Title II" part.

To defeat the purpose of Title II means that adjustment or recovery of the overpayment would work a financial hardship by depriving the person of income required for ordinary and necessary living expenses.

So, appeal the overpayment. Simply write on the appeal “I feel that I was not overpaid or that I should not be made to repay the overpaid amount” (something like that). If you receive yet another letter from the Administration saying that they have reviewed your case and that you still must repay the overpaid amount, appeal again to the Administrative Law Judge.

Make a list of your monthly expenses. Find or keep all the receipts you can (utilities, mortgage, etc). You may also list a reasonable monthly amount for food, clothing, etc.

If you decide to hire an attorney or disability representative, look for one who specializes in this type of law. You will have to pay (unless you have a local free legal society). Do not panic if you can’t find a representative! I have seen many people represent themselves in front of the judge and win the case. Most Administrative Law Judges are fair people, and many tend to be suspicious of the Administrations claim of having discovered that someone was overpaid benefits. The Judge can also, in the worse case, order reduced monthly payments.

Good luck.
 

First, appeal the overpayment. You need to appeal to the Administrative Law Judge level, asking that recovery of the overpaid amount be waived.

Here is a brief legal lesson:

Waiver of an overpayment depends on whether (1) the overpaid person was "without fault" in connection with the overpayment, and, if so, (2) whether adjustment or recovery of such overpayment would either defeat the purpose of Title II of the Social Security Act or be against equity and good conscience.

A person cannot be found to be "without fault" if the overpayment of disability benefits resulted from one of the following: (a) the overpaid person made an incorrect statement which he or she knew or should have know was incorrect; or, (b) the overpaid person failed to furnish information which he or she knew or should have known to be material; or (c) the overpaid person accepted a payment which he or she knew or could have been expected to know was incorrect.

However, even though a person may be "without fault" in causing or accepting an overpayment, 20 C.F.R. § 404.506 (code of federal regulations; just type in the citation in google and you will find it) states that repayment must be made anyway unless recovery would defeat the purpose of Title II of the Act, or be against equity and good conscience.

“Against equity and good conscience” means:

(1) that the overpaid person changed his or her position for the worse or relinquished a valuable right because of reliance upon a notice that a payment would be made or because of the overpayment itself; or

(2) the person was living in a separate household from the overpaid person at the time of the overpayment and did not receive the overpayment (both are probably not applicable here).

Instead, most people who get to this step prevail on the 'defeal the purpose of Title II" part.

To defeat the purpose of Title II means that adjustment or recovery of the overpayment would work a financial hardship by depriving the person of income required for ordinary and necessary living expenses.

So, appeal the overpayment. Simply write on the appeal “I feel that I was not overpaid or that I should not be made to repay the overpaid amount” (something like that). If you receive yet another letter from the Administration saying that they have reviewed your case and that you still must repay the overpaid amount, appeal again to the Administrative Law Judge.

Make a list of your monthly expenses. Find or keep all the receipts you can (utilities, mortgage, etc). You may also list a reasonable monthly amount for food, clothing, etc.

If you decide to hire an attorney or disability representative, look for one who specializes in this type of law. You will have to pay (unless you have a local free legal society). Do not panic if you can’t find a representative! I have seen many people represent themselves in front of the judge and win the case. Most Administrative Law Judges are fair people, and many tend to be suspicious of the Administrations claim of having discovered that someone was overpaid benefits. The Judge can also, in the worse case, order reduced monthly payments.

Good luck.


Thanks! I'm actually a paralegal but the lawyers I work for don't deal with Social Security. We do some administrative law but it's mostly Health Dept. stuff. I know in many instances we've helped clients settle debts. Maybe if we don't technically qualify as a financial hardship, we can get them to settle the debt for less.

I do know we are good on the first part. We have been 100% honest about reporting all of his income, etc.
 
I just realized something else. We paid income tax on all that money. :rolleyes:
 
That seems like a huge overpayment. Did you not realize at all that you were getting too much when the cheques would come? I don't mean for that question to seem judgemental because I know that you can receive money from the government and just assume it's correct. I was overpaid $60 on a government rebate last year and now they want it back. But $60 is one thing. $6000 is another! How long was he receiving assistance?
 
That seems like a huge overpayment. Did you not realize at all that you were getting too much when the cheques would come? I don't mean for that question to seem judgemental because I know that you can receive money from the government and just assume it's correct. I was overpaid $60 on a government rebate last year and now they want it back. But $60 is one thing. $6000 is another! How long was he receiving assistance?


I know as for me whenever we received SSI for my dd, it was always one set amount and what happens is some months it should be adjusted down and you really don't know, but it isn't, and in the end you pay.
 
I know as for me whenever we received SSI for my dd, it was always one set amount and what happens is some months it should be adjusted down and you really don't know, but it isn't, and in the end you pay.

Why should it be adjusted down? I'm just trying to understand this whole thing. I have received employment insurance when I was unemployed and I knew roughly every month how much I was supposed to get. I'm just try to figure out how this is different.
 
A $6,000.00 overpayment is not that much; actually, pretty average. I have seen overpayment cases involving up to $30,000.00.
 
That seems like a huge overpayment. Did you not realize at all that you were getting too much when the cheques would come? I don't mean for that question to seem judgemental because I know that you can receive money from the government and just assume it's correct. I was overpaid $60 on a government rebate last year and now they want it back. But $60 is one thing. $6000 is another! How long was he receiving assistance?

About 5 years or so. I honestly don't know how they calculated it. It was the same amount that was adjusted slightly each year for cost of living, etc. There was never a drastic change or anything to send up a red flag.
 
Just because some faceless government bureaucrat tots it all up in their calculator does not make it "so". Their letter does not make their overpayment pronouncement true (or even necessary valid). "They" can make mistakes (and often?... they actually *do*).

legalsea gave some all-over great advice. Now you must somehow hire a lawyer *pronto* who specializes in this type of case.

agnes!
 
Why should it be adjusted down? I'm just trying to understand this whole thing. I have received employment insurance when I was unemployed and I knew roughly every month how much I was supposed to get. I'm just try to figure out how this is different.


I don't want to highjack someones thread...so sorry OP...but for us the SSI was based on our income so if we happen to work overtime one week, then the SSI would go down and it's very hard for the average person to keep up with. a couple of hours overtime for my dh and myself for one month could send things into a tail spin for the life of me I never could figure out how they came up with the overpayment, it would have took a math genius to go back 6 yrs or even 3 and figure it out.
 
I don't want to highjack someones thread...so sorry OP...but for us the SSI was based on our income so if we happen to work overtime one week, then the SSI would go down and it's very hard for the average person to keep up with. a couple of hours overtime for my dh and myself for one month could send things into a tail spin for the life of me I never could figure out how they came up with the overpayment, it would have took a math genius to go back 6 yrs or even 3 and figure it out.

SSI and SSDI are two completely different programs..JennyMom gets SSDI and the rate never changes ,with the exception of anual COLA increases. SSDI is not means tested like SSI
 
SSI and SSDI are two completely different programs..JennyMom gets SSDI and the rate never changes ,with the exception of anual COLA increases. SSDI is not means tested like SSI


Ok sorry about that, just disregard.
 
Thanks for answering my question OP. Well, $6000 over five years is about $100 overpayment a month. Were you given paperwork at one point that told you how much you would be receiving? Is it the initial paperwork that was miscalculated or did they send you out a different amount than was indicated? If they miscalculated it right from the start, then you could probably fight it but if you were getting a cheque each month that was more money than you were told you would be receiving, it was your responsibility to let them know.
 
I'm trying to remember (it has been a while), but my husband was overpaid SS when he was disabled and unable to work any job. He talked to the Admin Law Judge, got the amount decreased and we paid the rest off monthly for many, many months. I think it was more than three years.

But this was at least 20+ years ago. Things may have changed by now.
 
Thanks for answering my question OP. Well, $6000 over five years is about $100 overpayment a month. Were you given paperwork at one point that told you how much you would be receiving? Is it the initial paperwork that was miscalculated or did they send you out a different amount than was indicated? If they miscalculated it right from the start, then you could probably fight it but if you were getting a cheque each month that was more money than you were told you would be receiving, it was your responsibility to let them know.
Even when letting them know, they can't get it straight. I called them when I got a job and told them what I would be paid. They told me...if your amount needs an adjustment, you will receive a letter. I knew darned well it needed adjusting. A couple months went by and I called them again with the same story. Same thing again...you will receive a letter. A letter NEVER showed up. No adjustment was made by them. Into the following year when I report my exact earnings for the previous year...the year I called and told them I was working. Oh! We overpaid you by $_______. DUH! So now I owe them. They need more competent people working for them! :mad: :mad:
 












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